Western Australian Numbered Acts

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WORKING WITH CHILDREN (CRIMINAL RECORD CHECKING) ACT 2004 (NO. 65 OF 2004) - SECT 44

44 .         Evidentiary matters

        (1)         In proceedings for an offence against this Act, an allegation in the complaint of any of the following matters is, in the absence of evidence to the contrary, taken to be proved —

            (a)         that at a specified time a specified person did not have a current assessment notice;

            (b)         that at a specified time a negative notice or an interim negative notice had been issued to a specified person and was current.

        (2)         In proceedings for an offence against subsection (2), (3) or (5) of section 22, an allegation in the complaint that an employer was aware of a specified matter referred to in that subsection is, in the absence of evidence to the contrary, taken to be proved.

        (3)         In proceedings for an offence against this Act, an assessment notice, negative notice, interim negative notice or other notice issued under this Act may be proved by tendering a copy of it certified by the CEO to be a true copy of the original.

        (4)         Unless the contrary is proved, it is to be presumed that a document purporting to have been signed by the CEO was signed by a person who at the time was the CEO.

        (5)         Unless the contrary is proved, it is to be presumed that a document purporting to have been signed by a delegate of the CEO was signed by a person who at the time was a delegate of the CEO and was authorised to sign it.

        (6)         This section is in addition to, and does not affect the operation of, the Evidence Act 1906 .



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